Shawn
Jerri Coats appeals from his convictions for one count of
grand theft and one count of criminal possession of a
financial transaction card.[1] Coats makes two arguments on
appeal: that there was insufficient evidence that he stole
retail goods or services from an owner to support a
conviction for grand theft and alternately, that his
contested count of grand theft and the count of criminal
possession of a financial transaction card arose from the
same factual circumstances such that punishment for both
violated his right to be free from double jeopardy under the
Idaho Constitution. For the reasons provided below, we affirm
the judgment of conviction for Count VII, criminal possession
of a financial transaction card, and vacate the judgment of
conviction for Count V, grand theft.

I.

FACTUAL
AND PROCEDURAL BACKGROUND

One
evening, as Coats was visiting at the victim's house, the
victim told Coats that the victim was financially strained
and unable to pay his bills. Coats offered to help the victim
by writing a check and depositing it into the victim's
bank account. The two drove to a nearby bank, and the victim
deposited the check into his account using his debit card.
Coats then told the victim that Coats needed some money, so
Coats wrote another check, which the victim deposited into
his account, withdrawing over half of the amount and giving
it to Coats. The two returned to the victim's home, and
Coats asked to borrow the victim's truck. The victim
agreed to lend his truck to Coats and went to bed.

Over
the next two days, multiple checks were deposited into the
victim's account and Coats, using the victim's debit
card, purchased multiple items from a store, including
prepaid credit cards. The bank suspected fraudulent activity
and shut down the account.

The
State charged Coats with eight offenses: Count I - grand
theft (I.C. §§ 18-2403(1), 18-2407(1)(b)(3),
18-2409) for wrongfully taking a financial transaction card
from the victim; Count II - grand theft (I.C. §§
18-2403(1), 18-2407(1)(b)(1), 18-2409) for wrongfully taking
over $1, 000 in cash from the victim; Count III - forgery
(I.C. §§ 18-3601) for passing a check on an account
payable to the victim's account in the amount of $975;
Count IV - forgery (I.C. §§ 18-3601) for passing a
check on an account payable to the victim's account in
the amount of $990; Count V - grand theft (I.C. §§
18-2403(1), 18-2407(1)(b)(9), 18-2409) for wrongfully taking
retail goods or services with an aggregate value over $50,
stolen during three or more incidents, in a criminal episode
up to three days, from the owner, the victim and/or the
store; Count VI - forgery (I.C. §§ 18-3601) for
passing a check on an account payable to the victim's
account in the amount of $995; Count VII -criminal possession
of a financial transaction card (I.C. §§
18-3125(4), 18-3128) for knowingly obtaining goods and/or
property from a store by using a fraudulently obtained
financial transaction card; Count VIII - criminal possession
of a financial transaction card (I.C. §§
18-3125(4), 18-3128) for knowingly obtaining goods and/or
property from a store by using a fraudulently obtained
financial transaction card. The State additionally charged
Coats as a persistent violator. Coats pleaded not guilty to
all counts and proceeded to a jury trial.

The
jury returned guilty verdicts on all counts of grand theft
and forgery and on one count of criminal possession of a
financial transaction card. The jury additionally returned a
guilty verdict on the persistent violator enhancement. The
jury returned a not guilty verdict on one count of criminal
possession of a financial transaction card. For each count,
the district court imposed a unified fifteen-year sentence,
with five years determinate. The sentences were to be served
concurrently. Coats timely appeals.

II.

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